COMPLIANCE AGREEMENT BETWEEN
STATES OF AMERICA
THE CITY OF
WHEREAS, the Department of Justice
(hereinafter, the “Department”) is authorized under federal law to investigate
and enforce compliance with title II of the Americans with Disabilities Act
(“ADA”) of 1990, 42 USC sec. 12131 – 12134; and,
WHEREAS, the Department is authorized to
investigate and enforce compliance with section 504 of the Rehabilitation Act of
1973, 29 USC sec. 794, and the Department’s implementing regulation contained in
28 CFR Part 42, subpart G; and,
WHEREAS, the Department received a complaint
against the City of Lakewood, Washington (hereinafter, the “City”), filed under
title II of the Americans with Disabilities Act of 1990, alleging that the
City’s newly constructed City Hall did not comply with ADA standards; and,
WHEREAS, the Civil Rights Division of the
Department received the complaint and acted upon the complaint under the
authority granted in 28 CFR Part 35, Subpart F; and,
WHEREAS, should a “public entity,” as defined
in title II, 42 USC sec. 12131(1), fail to achieve and maintain compliance with
the ADA and should the Department fail to secure voluntary compliance with the
requirements of the ADA, the United States Attorney General is authorized under
42 U.S.C. section 12133, to bring a civil action
enforcing title II of the ADA; and,
WHEREAS, should the City fail to comply with section 504 of the Rehabilitation
Act of 1973 and should the Department fail to secure voluntary compliance
pursuant to Subpart G, the United States Attorney General is authorized, under
29 USC sec. 794 and 28 CFR sections 42.530, 42.108-110, to suspend or terminate
financial assistance to the City provided by the Department of Justice or to
bring a civil suit to enforce the rights of the United States under applicable
federal, state, or local law; and,
WHEREAS, the City is a municipal corporation of
the State of Washington, incorporated on February 28, 1996, and is a public
entity as defined in title II, 42 USC sec. 12131(1) and receives financial
assistance from the Department; and,
WHEREAS, after the Department inspected the
City’s recently constructed City Hall building and City park and recreation
facilities, and the Department requested that the City voluntarily make
improvements and changes to facilities and adopt procedures and policies in
furtherance of the goals of the ADA; and,
WHEREAS, the City, recognizing the importance
of ADA compliance and accessibility, does hereby voluntarily agree to the
conditions stated below.
NOW, THEREFORE, the City of Lakewood and the US
Department of Justice do hereby stipulate and agree as follows:
- The City of Lakewood has completed the following
actions in furtherance of the goal of compliance with ADA requirements:
- The City of Lakewood’s Director of Human Resources
and Services has been designated as the City’s ADA Coordinator.
Grievances and complaints regarding ADA-related matters shall be brought
to the Director of Human Resources and Service’s attention and he/she
will work towards resolution of such matters.
- The City provides assistive listening devices at
City Council meetings and municipal court hearings for people with
- The City of Lakewood does hereby acknowledge and agree
that the following procedural and programmatic actions shall be completed by
October 15, 2004, in order to achieve and maintain compliance with ADA
- The City shall adopt the attached Notice Under the
Americans with Disabilities Act, distribute it to all department heads,
publish it in a newspaper of general circulation serving the City, post
the notice on its internet home page, and post copies of it in
conspicuous locations in its public building. The notice shall be
replaced with updated information as necessary. The City shall provide
copies of this notice to any person upon request. A copy of this notice
is attached hereto and marked as “Attachment
- The City shall adopt, implement and report to the
Department written procedures for providing information to interested
persons with disabilities concerning the existence and location of the
City’s accessible programs, services and activities.
- The City shall adopt the attached ADA Grievance
Procedure, distribute it to all department heads and post copies of it
in conspicuous locations in its public building. The Grievance
Procedure shall be replaced with updated information as necessary. A
copy of this procedure shall be provided to any person upon request. A
copy of this procedure is attached hereto and marked as “Attachment
- The City shall identify sources of qualified sign
language and oral interpreters, real-time transcription services, and
vendors able to put documents into Braille. The City shall report to
the Department written procedures and the time frame necessary to
fulfill requests from the public for interpreters, real-time
transcription services, and documents in alternative formats (Braille,
large print, cassette tapes).
- The City shall report to the Department written
procedures enacted to ensure that TTY calls are returned by the
appropriate City official in a timely manner. Within such procedures,
the City shall attempt to return such calls within the same day the call
is received. If that is not possible, the procedures will require a
City employee to communicate with the caller in a timely manner in order
to establish a time frame within which the telephone call will be
- The City shall also develop or procure a two-hour
training program on the requirements of the ADA and appropriate ways to
interact with persons with disabilities. The program will incorporate
ADA technical assistance and the City will consult with interested
persons, including persons with disabilities, in developing or procuring
this training program. All City employees who have direct contact with
the public shall be trained according to this program.
- The City will take steps to ensure that all
appropriate employees are trained and practiced in using a TTY and the
Deaf Access Program/Washington Relay Service to make and receive calls.
The City shall also communicate with Deaf Access Program/Washington
Relay Service to ensure that TTYs are maintained in good working order.
- As necessary and to the extent not already
accomplished, the City shall amend employment practices to comply with
the regulations of the US Equal Employment Opportunity Commission,
implementing title I of the Americans with Disabilities Act of 1990. At
a minimum these policies will provide that the City:
Will not discriminate on the basis of disability in its hiring or
Will not ask a job applicant about the existence, nature or severity of a
disability. Applicants may be asked about their ability to perform specific job
functions. Medical examinations or inquiries may be made only after a
conditional offer of employment is made and only if required of applicants for
Will make reasonable accommodations for the known physical or mental
limitations of a qualified applicant or employee with a disability upon request
unless the accommodation would cause an undue hardship on the operation of the
City’s business. If an applicant or an employee requests a reasonable
accommodation and the individual’s disability and need for the accommodation are
not readily apparent or otherwise known, the City may ask the individual for
information necessary to determine if the individual has a disability-related
need for the accommodation.
Will maintain employee medical records separate from personnel files and
keep medical records confidential.
Will make an individual assessment of whether a qualified individual with
a disability meets selection criteria for employment decisions. To the extent
the City’s selection criteria have the effect of disqualifying an individual
because of disability, those criteria will be job-related and consistent with
- The City shall establish a process to solicit and
receive requests from persons with disabilities regarding accessibility
of sidewalks and requests to add curb cuts at particular locations
within the City.
- The City will implement and report to the
Department written procedures to ensure that during cleanup operations,
such as removal of debris after a hurricane or tornado, people with
disabilities will be advised how to inform the City regarding areas of
significant concern (such as City workers blocking access on public
sidewalks by piling debris during cleanup operations).
- The City does hereby acknowledge and agree that the
following changes to facilities shall be completed by October 15, 2004, in
order to achieve compliance with ADA standards:
- Toilet room identification signs within the new
City Hall shall be mounted adjacent to the latch side of all public
restrooms so that the centerline of the signs are 60 inches above the
finished floor and so that a person can approach within three inches of
the sign without encountering protruding objects or standing within the
swing of the door.
- The opening pressure on restroom doors within City
Hall shall be adjusted to require no more than five pounds of force to
- In the first floor women’s public toilet room, a
toilet paper dispenser will be located below the side grab bar with the
farthest edge of the toilet paper roll no more than 36 inches from the
back wall and its centerline shall be no less than 19 inches from the
finished floor. A baby changing station in this restroom shall be
installed between 28 to 34 inches above the finished floor when open.
- In the first floor men’s public toilet room, a
baby changing station shall be installed between 28 to 34 inches above
the finished floor when open.
- A second handrail will be installed on the ramp to
the platform in the City Council chambers.
- In the jurors’ toilet room, the toilet will be
reconfigured so that the centerline is exactly 18 inches from the side
- The holding cell toilet will be reconfigured so
that the centerline is exactly 18 inches from the side wall.
- In the second floor men’s public toilet room, the
baby changing station will be moved so that it is within 28 to 34 inches
from the finished floor.
- The second floor women’s public toilet room toilet
will be reconfigured so that the toilet is exactly 18 inches on center
from the side wall, and the toilet paper dispenser shall be moved so
that the farthest edge of the toilet paper roll is no more than 36
inches from the back wall and its centerline is no less than 19 inches
from the finished floor.
- The second floor men’s employee locker room shall
be reconfigured so that the coat hooks are no more than 54 inches above
the finished floor for a side reach or no more than 48 inches above the
finished floor for a front reach, and the toilet paper dispenser shall
be moved so that the farthest edge of the toilet paper roll is no more
than 36 inches from the back wall and its centerline is no less than 19
inches from the finished floor.
- The second floor women’s employee locker room
shall be reconfigured so that the coat hooks are no more than 54 inches
above the finished floor for a side reach or no more than 48 inches
above the finished floor for a front reach.
- In the second floor women’s employee toilet room,
the toilet will be reconfigured so that its centerline is exactly 18
inches from the side wall.
- In the third floor conference room, the apron of
the sink will be reconfigured so that the sink has an apron that is at
least 27 inches above the finished floor with the rim no higher than 34
inches above the finished floor.
- The third floor employee workroom will be
reconfigured so that equipment and supply reach ranges are accessible,
so that the floor space is clear under work tables and so that there is
adequate clear floor space for each element in the workroom.
- The third floor women’s public toilet room shall
be reconfigured so that the baby changing station will be between 28 and
34 inches from the finished floor when open.
- The third floor men’s public toilet room shall be
reconfigured so that the baby changing station will be between 28 and 34
inches from the finished floor when open.
- Parking at City Hall shall include an access aisle
of at least 96 inches wide between the two van accessible parking spaces
and an accessible sign that cannot be obscured by a vehicle parked in
the space shall be provided at each accessible space.
- At Washington Park, a van accessible parking space
will be provided that is at least 96 inches wide.
- At Kiwanis Park a “van accessible” sign will be
placed at each van accessible parking space, and the toilet paper
dispensers will be changed so as to allow continuous paper flow.
- At American Lake Park, a van accessible parking
space will be provided that is at least 96 inches wide and a sign
designating the space as “van accessible” will be installed.
- The men’s toilet rooms at American Lake Park will
be reconfigured so that the toilet is exactly 18 inches on center from
the side wall, and the toilet paper dispenser will be located below the
grab bar with the farthest edge no more than 36 inches from the back
wall and its center line no less than 19 inches from the finished floor.
- At American Lake Park, signs for the men’s and
women’s toilet rooms will be mounted with the centerline at 60 inches
above the finished floor.
- At Harry Todd Park, signs will designate all
accessible parking spaces furthest from the playground, and an
accessible space of at least 96 inches will be provided that includes an
access aisle measuring at least 60 inches. The access aisle will be
free from obstructions.
- At the Harry Todd Park accessible parking spaces
next to the playground, the City will provide at least one van
accessible parking space of at least 96 inches wide that is served by a
96 inch wide access aisle. A sign will be provided to designate the
space as van accessible.
- At Harry Todd Park, accessible routes will be
provided from the parking spaces to the toilet rooms, from accessible
parking to the basketball courts, and from accessible parking to at
least one accessible picnic shelter. All accessible routes will be
firm, stable and slip resistant.
- In the unisex toilet room at Harry Todd Park, the
toilet will be reconfigured so that the centerline of the toilet is
exactly 18 inches away from the side wall and the flush control shall be
located on the wide open side of the toilet. Further, at inaccessible
toilet rooms, there will be signs posted that direct users to the
location of accessible toilet rooms.
- In order to assure that ADA compliance and
accessibility is maintained in the future, the City does hereby agree that
it will comply with ADA requirements in all future construction and
- Implementation and enforcement of this agreement shall
be achieved as follows:
- If the City desires to modify any portion of this
agreement due to changed conditions making performance impossible or
impractical or for any other reason, it will promptly notify the
Department in writing, setting forth the facts and circumstances thought
to justify modification and the substance of the proposed modification.
Such modification will not take effect before the City receives written
agreement with the modification from the Department. Approval of
modifications by the Department shall not be unreasonably withheld or
- The Department may review compliance at any time.
If the Department believes that the City has failed to comply in a
timely manner with any requirement of this agreement without obtaining
sufficient advance written agreement from the Department, the Department
will notify the City in writing and it will attempt to resolve the issue
or issues in good faith. If the Department is not able to reach a
satisfactory resolution of the issue or issues within 30 days of the
date it provides notice to the City, it may institute a civil action in
federal district court to enforce the terms of this agreement or it may
initiate appropriate steps to enforce title II.
- This Agreement will remain in effect for one year
from the effective date or until the partied agree that full compliance
with this Agreement by the city has been achieved, whichever is earlier.
- Failure by the Department to enforce the entire
agreement or any provision thereof with regard to any deadline or any
other provision shall not be construed as a waiver of the Department’s
right to enforce other deadlines and provisions as provided in this
- This agreement is a public document. Either the
City or the Department shall provide a copy of this document or any
information contained in it to any person upon request.
- This agreement constitutes the entire agreement
between the parties on the matters raised herein, and no other
statement, promise, or agreement, either written or oral, made by either
party or agents of either party that is not contained in this written
agreement or the attachments hereto shall be enforceable. The agreement
shall not purport to remedy any other potential violations of the ADA or
any other federal law.
- This agreement does not affect the City’s
continuing responsibility to comply with all aspects of the ADA and
section 504 of the Rehabilitation Act. It is the understanding of the
City and the Department that this voluntary agreement evidences the
intent of the City to work cooperatively with the Department and to
maintain compliance with ADA requirements as required by law.
- The person signing for the City represents that he
or she is authorized to bind the City to this agreement, and the
effective date of this agreement is the date of the last signature
City: For the United States:
By: ___________________________ By:
D. SCOTT ROHLFS, JOHN
L. WODATCH, Chief
Manager JEANINE WORDEN, Deputy Chief
6000 Main Street SW
NAOMI H. MILTON, Supervisory Attorney
Lakewood, WA 98498
AMELIA M. EDUARDO, Investigator
ANTONIO MALLOZZI, Architect
Department of Justice
Pennsylvania Avenue NW
Disability Rights Section – NYA
Washington, DC 20530
Date: ____________________________ Date: